Voter lists; signature rosters; disposition after the polls close.

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A. After the polls are closed, the signature roster shall be properly certified by the precinct board [election board] and returned to the county clerk with the election returns destined for the county clerk. The precinct voter list marked for the secretary of state shall be returned to the secretary of state with the election returns destined for the secretary of state.

B. The signed and certified signature rosters used in any election shall be considered a part of the election returns and treated accordingly. They shall be preserved and finally disposed of in the same manner as provided in the Election Code [Chapter 1 NMSA 1978] and 42 U.S.C. 1974.

C. Whoever willfully destroys, defaces, alters without authorization or improperly disposes of signature rosters used in an election is guilty of a fourth degree felony.

History: 1953 Comp., § 3-5-12, enacted by Laws 1969, ch. 240, § 113; 1987, ch. 327, § 5; amended and recompiled as 1-12-30.1 NMSA 1978 by Laws 2005, ch. 270, § 73.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.

Recompilations. — Laws 2005, ch. 270, § 73 recompiled former 1-5-11 NMSA 1978 as 1-12-30.1 NMSA 1978 effective July 1, 2005.

The 2005 amendment, effective July 1, 2005, in Subsection A, changed "voter list" to "precinct voter list"; in Subsection B, deleted the former provision that the rosters shall be preserved and disposed of in the manner provided in the Election Code for poll books; in Subsection B, provided that the rosters shall be preserved and disposed of in the manner provided in the 42 U.S. C. 1974; and in Subsection C, deleted the former provision that the punishment for willful destruction, defacement, unauthorized alteration or improper disposition of the rosters shall be the same as for similar treatment of poll books, and provided that whoever willfully destroys, defaces, alters without authorization or improperly disposes of rosters is guilty of a fourth degree felony.


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